What is the best divorce solution for your family? Collaborative Divorce or Mediation?

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Campbell Family Law helps clients divorce differently because they deserve better choices in the outcome.  We only work in the out-of-court processes of mediation, collaborative divorce, and collaborative mediation to provide clients with the flexibility they need and want without the spectacle or tragedy that a litigated divorce often is.

Campbell Family Law prepares and empower clients to live their new liberated life to the fullest.

Collaborative Divorce

Stage One: Committing to the Process → Stage Two: Information Gathering → Stage Three: Brainstorming Options → Stage Four: Negotiating Solutions → Stage Five: Reaching an Agreement

Stage One: Committing to the Process
Stage Two: Information Gathering
Stage Three: Brainstorming Options
Stage Four: Negotiating Solutions
Stage Five: Reaching an Agreement

Collaborative Divorce is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and other professionals to avoid the uncertain outcome of court decisions and to achieve a settlement that best meets the specific needs of both parties and their children.

Mediation

Stage One: Neutral Mediator → State Two: Information Sharing → Stage Three: Negotiating with Parties → Stage Four: Final Agreement

Stage One: Neutral Mediator
State Two: Information Sharing
Stage Three: Negotiating with Parties
Stage Four: Final Agreement

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. As a mediator Ms. Campbell also prepares the documents the court requires to finalize a dissolution to insure each couples’ agreements are enforceable should that prove necessary.

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Spousal Support

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Known in other jurisdictions as spousal maintenance or alimony, in California there are two types of spousal support: Temporary and Long-Term. Temporary Spousal Support is usually support paid by the higher earning spouse to the lesser earning spouse while the dissolution proceeding is pending. Once the dissolution proceeding is finalized, if appropriate, the judgment may include spousal support for a longer duration, known as Long-Term support.

Family Code 4320 identifies more than a dozen factors that can be included in the Long-Term spousal support discussion. Because it is a complicated area of the law that generally requires a lot of discussion and negotiation even in a collaborative setting, spousal support (known as income sharing) is an area that usually requires the help of a divorce professional. Working out what each party believes is an appropriate amount based on wages or regular income is a challenge. When you add in variable income from RSUs, bonuses, or self-employment income the difficulties can rise. Other questions also must be answered: How long will the support be paid? Should it be a lump sum buyout or paid over time? Should there be a reduction over time? Will there be a cap? Because these questions generate emotional and highly charged conversations it is important to get professional assistance in determining spousal support.

Part of the California Spousal Support policy dates back to the 1970s, when we shifted from fault to no-fault divorce. There was a recognition that regardless of why marriage broke down, the stay-at-home parent was left in a dire financial situation that complicated getting on their own two feet after the marriage was over. To address this California uses spousal support and the focus on the marital standard of living to help bridge finances until both parties could become fully self-supporting.

California requires that each spouse make every effort to become self-supporting post-marriage. While you may have an obligation to pay support, it’s not an ongoing, endless obligation. It can be terminated if the other spouse or parent isn’t doing what he or she needs to do to become self-supporting.

In a Collaborative Divorce and in Mediation, the conversation goes beyond simply numbers and looks into how both parties’ financial needs can be met post-divorce through income-sharing. That conversation can also include concrete steps to give both spouses more predictability and certainty in their future finances.